The Drawdy Law Firm LLC. (864)-261-3977 The Regency Building 2315 N. Main St. STE 117,Anderson, SC 29621
If you're arrested you have the right to remain silent. You have the right to an attorney. You have the right to be brought before a judge and charged, and you have the right to be treated fairly under the law.
If you're arrested, don't rely on police to inform you of your right to remain silent and see a lawyer. Use the magic words "I'm going to remain silent. I would like to see a lawyer." If police persist in questioning you, repeat the magic words. The magic words your best protection if you're under arrest.
Remember that anything you say can and will be used against you in court. So don't try to talk yourself out of the situation, and don't make small talk with police either.
Resisting arrest is just like it sounds. If police have probable cause to arrest you and you delay or resist them in any way, you can be charged with a misdemeanor of resisting arrest. Examples of resisting arrest include running away from police or providing an officer with a false ID.
Be aware that officers may threaten to arrest you if you refuse to comply with a search request or refuse to answer their questions. Don't get tricked. You always have the right to refuse police searches ("Officer, I don't consent to any searches") and refuse to answer questions without a lawyer present. ("I have nothing to say. I want to see a lawyer.")
Also, be aware that just touching an officer could get you tasered or beaten and stuck with a felony charge for assaulting a police officer.
Ernesto Miranda, a rape suspect, was arrested and taken to the police station. After two hours of questioning, he signed a written confession and was subsequently found guilty. Miranda appealed his conviction on the grounds that prior to confessing, he had not been informed of his Fifth Amendment right against self incrimination or his Sixth Amendment right to counsel.
The Supreme Court overturned Miranda's conviction, finding that the coercive nature of detention in a police station necessitates certain safeguards in order to ensure that suspects do not naively waive their rights. The ruling held that when law enforcement officers take a suspect into custody with the intention of conducting an interrogation, they must inform the suspect of certain fundamental conditions:
The Court imposed these limitations upon law enforcement officers for the purpose of ensuring that criminal suspects do not waive constitutional rights as a result of not knowing how to properly exercise them. This ruling had broad ramifications for all police officers, who have since been required to issue Miranda warnings to all suspects that are arrested and taken into custody.